Background

This transmittal amends section I-2-7-30 of the Hearings, Appeals and Litigation Law (HALLEX) manual to include a reference to the guidelines in HALLEX I-2-0-80 for determining the timeliness of responses to documents sent by central print and to documents sent by manual mail. This transmittal also adds an example of a situation where following modified proffer procedures may be appropriate.

Explanation of Content and Changes

This transmittal revises HALLEX I-2-7-30 to include inclusive language throughout and includes the following updates:

I-2-7-30 A – We added a note instructing Office of Hearings Operations (OHO) staff that when determining whether a response to the proffered evidence is timely, staff must add three business days to the response time when the proffer letter is mailed by central print and included a reference to HALLEX I-2-0-80.

I-2-7-30 B – We added an example of a situation where it may be appropriate for an Administrative Law Judge to follow modified proffer procedures because the additional evidence contains information that may be detrimental to the claimant's health.

I-2-7-30 C – We included the instructions for “Proffer Through the FO” under subsection three.

Date: July 1, 2024